Jurnal Analogi Hukum
Welcome to the official Jurnal Analogi Hukum website. As a part of the spirit of disseminating legal science to the wider community, Jurnal Analogi Hukum Journal website provides journal articles for free download. Jurnal Analogi Hukum is a journal for Law Science that published by Warmadewa University Press. Jurnal Analogi Hukum Journal has the content of research results and reviews in the field of selected studies covering various branches of jurisprudence both from within and outside the country, as well as in the Jurnal Analogi Hukum also contains the field of study related to the Law in a broad sense. This journal is published 3 times within a year of May, August and September submitted and ready-to-publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. Language used in this journal is Indonesia.
Articles
463 Documents
Pemberlakuan Sanksi Terhadap Pelaku Penjual Obat Terapi Covid-19 diatas Harga Eceran Tertinggi (HET)
Ananda, Putu Pebri Theresia;
Sugiartha, I Nyoman Gede;
Sudibya, Diah Gayatri
Jurnal Analogi Hukum 156-161
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.156-161
The spread Covid-19 in Indonesia has circulated a lot about how to recover quickly if affected by the Covid-19 therapeutic drugs Covid-19, because many people who buy these drugs have made sellers selling above HRP appear which are detrimental to consumers. HRP has been regulated in Indonesia so that no rogue sellers sell goods above a predetermined price so that they do not harm consumers and are subject to sanctions if there are perpetrators who sell Covid-19 above HRP. This thesis discusses the regulation of drug HRP based on the decision of the Minister of Health and the imposition of sanctions on perpetrators of selling Covid-19 above HRP. This research uses normative legal research with a statutory approach. The results of this study indicate that the regulation of drug HRP is based on the Decree of the Minister of Health concerning the price of drug and the imposition of sanctions on perpetrators of selling Covid-19 above HRP in accordance with the provisions Article 62 paragraph (1) UUPK, Law no. 36 of 2009 concerning Health, and Article 7 paragraph (1) of the Minister of Trade Regulation no. 57 of 2017.
Pengaturan Pengenaan Pajak dalam Peralihan Hak Atas Tanah dan Bangunan
Putra, I Putu Surya Wadi;
Wijaya, Ketut Kasta Arya;
Suryani, Luh Putu
Jurnal Analogi Hukum 204-208
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.204-208
Indonesia is a country consisting of sharing tribes, races, and cultures where each community has their own thoughts and understanding to live their lives. In carrying out his life society is no stranger to the name of human rights where human behavior should not interfere with the rights. In the present many people invest in land and buildings where in the future will generate a lot of profits because each nominal issued today will double in the next few years can be likened to as if we are saving for our future. The consequences of land and building ownership certainly cannot be separated by the greater taxes, the land and wealth that a person has the greater as well as the tax deposit that must be deposited to the government. With regard to taxes on land and buildings the government has its rules on Law No. 20 of 2000 on Duties on Land and Building Rights Acquisition. If the people who have assets are certainly no stranger to taxes and if they do not pay it will be taxed in the form of fines.
Efektivitas Pelaksanaan Peraturan Menteri Dalam Negeri Nomor 15 Tahun 2021 Tentang Pemberlakuan Pembatasan Kegiatan Masyarakat Darurat Covid-19 di Dinas Perhubungan, Kelautan dan Perikanan Kabupaten Jembrana
Yudiansari, Ni Komang Sutha;
Budiartha, I Nyoman Putu;
Arini, Desak Gde Dwi
Jurnal Analogi Hukum 162-166
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.162-166
Jembrana is a district located at the West end of the island of Bali. The job of the Transportation Office is to conduct transportation or transportation policies in Jembrana Regency. Soaring cases of the Covid-19 pandemic led the government to issue the Ministry of Home Affairs regulation No. 15 of 2021 so it is mandatory to implement restrictions on people's activities. The formulation of the problem discussed is: What is the effectiveness of the implementation of Ordinance No. 15 of 2021 on Enforcement of Restrictions on Covid-19 Emergency Community Activities at Jembrana District Transportation, Oceans and Fisheries Office? And How is the government's policy on regulating land travel transportation during the period of the enforcement of the Covid-19 Emergency Community Activity Restriction in Jembrana District Transportation, Oceans and Fisheries Office. This research method uses empirical research types. The effectiveness of implementing the Enforcement of Restrictions on Community Activities has been in accordance with the Ministry of Home Affairs Regulation No. 15 of 2021 that applies to the Transportation Office and Jembrana Regency areas. The government's policy of regulating land-travel transportation is to initialize passengers and compulsory PCR tests and vaccinations.
Perjanjian Kerja Sama Program Gerakan Sekolah Menulis Buku Nasional
Putra, I Wayan Yudi Antara;
Budiartha, I Nyoman Putu;
Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 209-214
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.209-214
In the implementation of economic development, the economy has an important role and importance as a supporting factor for the success of national development, and maintaining cooperation in efforts to expand the scale of economic development is the most important asset. With the background of the above problems, some questions can be considered as follows: Characteristics of a Cooperation Agreement How the school movement program wrote a national book between PT Nyala Masa Depan Indonesia and SMP Negeri 1 Denpasar, and what if there was a Cooperation Agreement between PT Nyala Masa Depan Indonesia and SMP Negeri 1 Denpasar A school movement program has been established to write books nationally. The method used is a normative legal search using primary and secondary legal sources. The results of this survey state: The characteristics of the cooperation agreement between PTs. Indonesian Future Light and SMP Negeri 1 Denpasar use a standard agreement. The contract model is in the form of a written contract. The failure of the cooperation agreement between PT. Nyala Masa Depan and SMP Negeri 1 Denpasar are carried out through non-procedural processes and processes. Of the two options exercised by the disputing parties, there is non-jurisdiction (arbitration).
Sanksi Tindak Pidana Terhadap Pelaku Pencemaran Nama Baik Terhadap Ikatan Dokter Indonesia
Putri, Ni Putu Yuni Suantika;
Sugiartha, I Nyoman Gede;
Dewi, Anak Agung Sagung Laksmi
Jurnal Analogi Hukum 215-219
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.2.2022.215-219
Indonesia is a country consisting of sharing tribes, races, and cultures where each community has their own thoughts and understanding to live their lives. In carrying out his life society is no stranger to the name of human rights where human behavior should not interfere with the rights of others and not behave outside the prevailing norms in accordance with positive laws. In relation to the positive law that applies in Indonesia, the behavior of the community itself has indirectly been regulated and for anyone who behaves outside the norm will definitely get sanctioned because his actions have harmed themselves and others. In accordance with the positive law that applies the act of defamatory has sanctions and fines for anyone who violates it. In the case of Jerinx who said things that satirize certain parties is an act of defamation and in 2020 Jerinx's actions received various responses from the community . Indeed, the goal is to fight for people's rights but does not have to uge out a person's good name and impressed to seek fame in the midst of the Covid-19 outbreak.
Peranan Yayasan Lentera Anak Bali (LAB) Terhadap Pemberdayaan Anak Yang di Eksploitasi di Pasar Badung
Setiawan, I Putu Dony;
Sugiartha, I Nyoman Gede;
Suryani, Luh Putu
Jurnal Analogi Hukum 220-225
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.220-225
Exploitation that acts arbitrarily or excessively against the subject of exploitation, regardless of dignity, justice, or equality of welfare, purely for economic gain. The question raised in this paper is how the factors that influence the occurrence of child exploitation affect the Badun market. And what role does the Bali Children's Foundation (LAB) play in the exploitation of children in the Badung market? The purpose of this study is to identify the cause of child exploitation. The survey method used is an empirical survey method. The results of the survey can be explained by the fact that the proportion of children still being exploited has increased or decreased in the last three years. This can be seen in the establishment of the Lanterna Anak Bali Foundation, a dedicated foundation. They take care of children exploited in the Badun market area and the factors that cause the exploitation of environmental impacts, vulnerabilities, and domestic violence of parents in the Badun market area. And the role of the Varilentera Children's Foundation is to provide educational facilities for these children.
Penerapan Hukum Pidana Pada Korporasi yang Melakukan Tindak Pidana Perpajakan
Rohi, Glenn Merciano Eben;
Sugiartha, I Nyoman Gede;
Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 226-231
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.226-231
The implementation of national development as a major project certainly requires not only the active participation of the entire nation, but also requires significant costs. The costs incurred to carry out development are not only borne by the state. Relying on aid or grants from abroad will cause the burden of economic dependence which has an impact that foreign countries with stronger economic powers will dictate the life of the Indonesian nation. Realizing this, one of the dominant sectors as a source of state revenue is the tax sector. In Articles 38 to 39A of the KUP Law, none of these articles include sanctions for corporations, although corporations can act as taxpayers, none of these articles explicitly states who is responsible for criminal violations in the tax and tax sector. what form of crime is appropriate to be imposed on corporations that commit tax crimes. Criminal law in an effort to overcome crime in the field of taxation is to create integration in the criminal law policies that are applied, the impact of which will not make it difficult for law enforcement officers to apply them in tax legislation. The imperative element contained in the taxation legislation, would like to include a principle that the use of criminal sanctions should still pay attention to the principle of subsidiarity.
Kajian Yuridis Terkait Penentuan Besar Upah Pekerja Berdasarkan Pasal 88 C Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja
Wiswamitra, Ida Bagus Gede;
Budiartha, I Nyoman Putu;
Utama, I Wayan Kartika Jaya
Jurnal Analogi Hukum 232-237
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.232-237
The problem of manpower or labors is an typicals problems that we headr for develop country, included Indonesia. One of those problems is terminations of employment by the company. Based on the descriptions of the text above, author can formulates two problems that will be discuss in this paper. The problems formulations at this research are: How the Wage System in Law Number 11 of 2020 concerned occupation Creations? And how determination of the workers' wages based on Article 88 C of Law Number 11 of 2020 concerning Job Creation? The types of researches used is normative legal research, that are legal research conducted by researching library materials. The conclusion in this study is that the Government changed the wage provisions in Law No. 11 of 2020 concerning Job Creation. These changes include the abolition of the district/city minimums wage (UMK) and the sector-based minimum wage in the province or district/city. The Employment Creation Act changes the policy regarding the wages of workers which was previously regulated by the Manpower Act.
Perlindungan Hukum Rahasia Dagang atas Informasi Bisnis dalam Perjanjian Kerja Di Kota Denpasar (Studi: Street Food Hoki Takoyaki)
Avianto, Rivaldo;
Mahendrawati, Ni Luh;
Arini, Desak Gde Dwi
Jurnal Analogi Hukum 238-242
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.238-242
The business world is very vulnerable to legal problems such as leaking and theft of a recipe that is kept secret by the owner. This research aims to find out the legal efforts to maintain trade secrets on Hoki Takoyaki street food in Denpasar city, namely through employment contracts after knowing the legal consequences of trade secret violations in Hoki Takoyaki street food in employment agreements in the city of Denpasar, namely illegal acts in the field of Intellectual Property Rights that have been regulated in Law No. 30 of 2000 concerning Trade Secrets. This study uses empirical research types. The data used is secondary data consisting of primary, secondary, and tertiary legal materials. Data collection techniques with literature studies, observations, and interviews. The data obtained is qualitatively analyzed using descriptive methods of analysis. The results of the study showed a finding that is considered a trade secret if there is an effort to maintain confidentiality made by the owner. In a company where there is a violation of trade secrets, the State provides legal protection for those harmed by the leak by issuing Law No. 30 of 2000 on Trade Secrets.
Penguasaan Tanah di Pulau Kanawa Sebagai Penyangga Taman Nasional Komodo di Labuan Bajo Kabupaten Manggarai Barat Provinsi NTT
Deno, Aprianus Mario;
Suwitra, I Made;
Sudibya, Diah Gayatri
Jurnal Analogi Hukum 243-248
Publisher : Fakultas Hukum Universitas Warmadewa
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DOI: 10.22225/ah.4.3.2022.243-248
Kanawa Island is a buffer for Komodo National Park in Labuan Bajo, West Manggarai Regency, NTT Province which is managed by Italian Investors under the company name Kanawa Island & Resort with the area of Kanawa island being 23 hectares (23 ha). The right to Land Tenure of Kanawa by Investors through the provision of HGB above HPL by the West Manggarai Regency Government with a system of granting management permits in the form of Business Use Rights (HGU) is able to provide benefits and support welfare for the local community. The type of research (socio-legal research) or a legal research method that functions to be able to see the law in a real sense and examine how the law works in society and the facts that exist in a society.